Territory Stories

Explanatory Statement Serious Sex Offenders Bill 2013 (Serial 18)



Explanatory Statement Serious Sex Offenders Bill 2013 (Serial 18)

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Tabled paper 232


Tabled Papers for 12th Assembly 2012 - 2016; Tabled Papers; ParliamentNT




Tabled by Johan Elferink


Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.




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Attorney-General and Minister for Justice

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23 Part 6 - Continuing detention orders - review of final orders Application for review by Attorney-General This clause provides that the Attorney-General must apply to the Supreme Court for a review of a continuing detention order. The hearing for the first review must be completed within two years after the day the order first took effect. There must be subsequent reviews at least every two years while the order continues to have effect, unless the order specifies a shorter period of between one and two years. Clause 65. ) Application for review by detainee This clause provides that a detainee subject to a continuing detention order may, with leave of the Supreme Court, apply to the Supreme Court for the order to be reviewed at any time after the first regular review is completed. Subclause (2) provides that the Supreme Court may grant leave to apply only if satisfied there are exceptional circumstances that relate to the detainee. Subclause (3) clarifies that the detainee has the onus of satisfying the Court that these are exceptional circumstances. Setting day for review hearing This clause provides that the Registrar of the Supreme Court must set a date for a hearing of an application under clause 65 or clause 66 with the date to be set so that the hearing occurs as soon as practicable after the application is made. Victim submissions Clause 66. Clause 67. J Clause 68. This clause provides that when a hearing date is set under clause 67, the Attorney-General must notify the Director of the CVSU who, in turn, must seek victim submissions under clause 83. Supervision report This clause provides that if the Supreme Court sets a hearing date under clause 67, the Attorney-General must notify the Director of Clause 69. 23

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